If you are concerned about meeting the eligibility requirements in the state of New York to initiate dissolution of the marriage, you can talk to a Nassau county divorce grounds lawyer. A Nassau county divorce grounds attorney will be able to advise you about the residency and grounds-based requirements. In the past, New York required someone to file for divorce based on fault-based grounds. Once you file, this will trigger divorce discovery.
This was extremely problematic for many people and led to them spending a great deal of money and time invested in the New York marital dissolution process. Prior to 2010, this was one of the biggest complaints for people filing for divorce in New York. However, no fault divorce is now allowed, meaning that you must simply be able to show that an irretrievable marriage break down of the marriage has occurred for a minimum of six months.
Before the court will grant a no-fault divorce, you and your former spouse can either come to terms of agreement on all of the critical issues related to the divorce such as spousal support, child custody, property division and child support, or the court can decide this for you through litigation. You can still pursue fault-based grounds in New York. However, many people choose to go the no-fault route. Fault based grounds may include adultery, incarceration for a minimum of three consecutive years after the marriage, abandonment for a minimum of one year and inhuman and cruel treatment that makes it improper or unsafe for the couple to continue living together. If you choose to pursue fault-based grounds, you will need to prove to the court that the other spouse did indeed commit this misconduct.
Fault based divorces usually end up as very lengthy divorce battles and this can be very overwhelming for many people to deal with. Spouses may also choose to seek separation if they have separated. A grounds for divorce lawyer in Nassau county will be able to tell you that the vast majority of people who initiate divorce filings in the state of New York have done so because of no fault based grounds. If the couple lived apart pursuant to a written separation agreement for a minimum of one year or if a court order judgement of separation was active in their case for a minimum of one year, they may be able to pursue grounds for divorce. It can be very difficult to move through the legal process of divorce if you are not especially knowledgeable about what is required and familiar with how to proceed. The support of an experienced attorney who has practiced in this area for many years can be a critical linchpin to your success. You need to remain focused on handling the issues inside the dissolution of the marriage as effectively as possible.
You may assume at the outset of your case that you and your former spouse will be able to come to terms of agreement on all of these critical concerns, but you may discover later on that you cannot get the help that you need because the other spouse is fighting back. In these situations, it is even more important to have a lawyer who has been working in this field on behalf of people who are looking for a prompt and effective marital dissolution. You deserve to have an attorney and legal representation focused on the best possible outcome for you. With so many unique factors to consider in the dissolution of your marriage, you need to be sure that you have the right support system in place to carry you through when there are complex issues like child custody and splitting pensions.